Unit 5 - Notorial Acts Flashcards
What is the authority to perform notarial acts?
10 U.S.C. 1044a
What provides further guidance to military personnel performing notarial acts?
AFI 51-304
A notary acts as an official, unbiased witness to what?
Identity and signature of person coming before notary
What does a notary have the authority to administer?
Oaths and affirmations
True or false: A notary is legally binding
True
What are the most common notarized documents?
POAs, wills, bills of sale, vehicle transfers, TSP withdrawals, and affidavits
What are the 2 types of notarial acts?
- Acknowledgment (not sworn)
- Jurat (sworn)
What are the required items needed to perform a notarial act?
- verified identity
- completed document
- administered oath (if required)
- party signs document in front of notary
What 3 things must be used when signing a document in an official capacity as a notary?
- Date/location where notary took place
- Title and office information
- Raised seal or stamp citing 10 USC 1044a
Who is required to maintain a personal notary log?
All legal assistance notaries
What are the minimum requirements of a notary log (5 things)?
- signer’s name/signature
- type of document
- # of documents
- date
- location
What happens to a military notary’s log when they PCS?
It goes with them
What happens to a military notary’s log when they retire or separate?
It is kept at their last duty station
Who qualifies as a notary?
- Judge advocates
- Civilian legal assistance attorneys
- Enlisted paralegals (task cert’d)
- AD AF mbrs who are: E-7 +, located at GSU w/o notary, and appointed in writing
Who is eligible for notary services?
- Mbrs eligible for legal assistance
- Psnl accompanying US forces outside US
- Psnl subject to UCMJ outside US
